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FMLA for out of state employee

We have an employee that lives in Michigan. He is a salesperson and is the only Michigan based employee. There are no other offices or employees within 75 miles of this employee. They have asked to take time off under FMLA. We have denied that request based on our understanding that in order to qualify an employee must be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people. He currently is not.
Our employee states that they have contacted an attorney and they have been told that we are incorrect. Can you provide some guidance?

The U.S. Department of Labor states that “FMLA applies to all public agencies and companies with 50 or more employees. Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees at the location or within 75 miles of the location”.

You can deny the FMLA, based on the fact that the employee does not work within 75 miles. However, be sure that you do not have any integrated or joint employers. You can view Lincoln v. Sears, Roebuck &Co., U.S. District Court, District of Minnesota, No. 02-840, 9/17/02 which an employer denied FMLA however the parent company was Sears and Sears had many other employees within a 75 mile radius.

This entry was posted on Friday, September 7th, 2012 at 3:14 pm and is filed under
Human Resources Management.
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